Case details
Fire truck entered roadway in front of motorcycle: plaintiff
SUMMARY
$175000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, herniated disc, lower back
FACTS
On Nov. 5, 2016, plaintiff David Khoury, 23, a college student, was motorcycling east in the inside of two lanes on East Gladstone Street, in Glendora, when he was involved in a collision with a fire engine and ladder truck operated by Darren Walker. Khoury, who was ejected from his motorcycle, claimed neck and back . Khoury sued Walker and Walker’s employers, the county of Los Angeles, the city of Los Angeles and the Los Angeles County Fire Department. Khoury alleged that Walker was negligent in the operation of the fire truck and that the remaining defendants were vicariously liable for Walker’s actions. Khoury alleged that Walker exited a fire station, drove across the outside eastbound lane of East Gladstone Street and then pulled the fire truck into the inside eastbound lane with the intention of making a left turn into the westbound lanes. Khoury claimed that, in doing so, the fire truck struck him, which caused him to be ejected from his bike. Khoury also alleged that the fire truck did not have its emergency lights or sirens activated and that Walker failed to observe him while allegedly pulling out on an emergency call. Defense counsel contended that Walker looked both ways prior to first entering the outside lane and then entering the inside eastbound lane at 5 mph. Per the defense, Khoury was traveling at an excessive speed, at approximately 50 mph, prior to the collision and that Khoury laid his bike down in an attempt to avoid the collision, but nonetheless collided with the truck. However, defense counsel maintained that Khoury’s body never made contact with the fire truck. Moreover, the defense argued that the fire truck was not responding to any emergency, so there was no need to have its lights and sirens engaged., Khoury claimed he suffered a herniated lumbar disc at the L5-S1 level, soft tissue to his neck and knees, and severe road rash burns to his body. He was airlifted to a hospital, and he was discharged from the hospital a few hours later. He ultimately underwent physical therapy for his neck injury and received injections to treat his lower back pain. Khoury did not seek future medical care for his neck. However, he claimed he is a candidate for a future L5-S1 microdiscectomy. Khoury sought recovery of past medical costs and future medical costs. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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